ARSD 20:06:31:07. Trust agreements qualified under SDCL 58-14-16 -- Definitions

The terms used in this chapter as they apply to trust agreements qualified under SDCL 58-14-16 mean: (1) "Beneficiary," the entity for whose sole benefit the trust has been established and any successor of the beneficiary by operation of law. If a court of law appoints a successor in interest to the named beneficiary, the named beneficiary is limited to the court-appointed domiciliary receiver, including the conservator, rehabilitator, or liquidator; (2) "Grantor," the entity that has established a trust for the sole benefit of the beneficiary. When established in conjunction with a reinsurance agreement, the grantor is the unlicensed, unaccredited assuming insurer; (3) "Obligations," as used in § 20:06:31:09 include: (a) Reinsured losses and allocated loss expenses paid by the ceding company, but not recovered from the assuming insurer; (b) Reserves for reinsured losses reported and outstanding; (c) Reserves for reinsured losses incurred but not reported; and (d) Reserves for allocated reinsured loss expenses and unearned premiums.